GR L 27232; (June, 1969) (Digest)
G.R. No. L-27232 June 30, 1969
BELEN CRUZ, plaintiff-appellee, vs. EXEQUIEL CASTILLO, defendant-appellant.
FACTS
Plaintiff Belen Cruz, representing her child Anselma Armi Castillo, filed a complaint for compulsory recognition and support against defendant Exequiel Castillo. The evidence showed that in October and November 1959, while both were single and living in the house of defendant’s mother, the defendant had sexual intercourse with the plaintiff, resulting in the birth of the child on July 11, 1960. The defendant denied paternity and liability for support. The trial court rendered judgment declaring the child as the natural child of the defendant and ordering him to provide support of P30.00 per month from the filing of the complaint, plus attorney’s fees. The defendant appealed, and the Court of Appeals certified the case to the Supreme Court on grounds of pure questions of law. In his brief, the appellant admitted paternity but contested the support order’s commencement date.
ISSUE
The primary issue is whether support for a natural child, in an action for compulsory recognition, should commence from the filing of the complaint or from the date of the judgment compelling recognition.
RULING
The Supreme Court modified the appealed judgment. It held that a natural child not recognized by the father has no rights, including the right to support. Recognition, whether voluntary or compulsory, is what confers these rights. Since the defendant had not voluntarily recognized the child under Article 278 of the Civil Code, his obligation to support arose only from the court judgment compelling recognition. Therefore, support should commence from the date of the trial court’s judgment, July 27, 1964, not from the filing of the complaint. The Court also increased the support to P100.00 per month, considering the child’s school age and the father’s means, and increased the attorney’s fee award. The modified judgment orders the defendant to recognize the child as his natural child and to provide support from July 27, 1964.